213513P.pdf   12/15/2022  United States  v.  Armondo Heredia, Jr.
   U.S. Court of Appeals Case No:  21-3513
   U.S. District Court for the District of North Dakota - Western   
   [PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Benton, 
   Circuit Judge] 
   Criminal case - Criminal law. The admission of a confidential informant's 
   testimony concerning events which took place shortly before the "on or 
   about" date for the conspiracy alleged in the indictment was proper as it 
   went to establish the relationships between the co-conspirators; the 
   testimony was not bad acts evidence since it was offered as direct 
   evidence establishing defendant's participation in the conspiracy; the 
   district court did not abuse its discretion in refusing to exclude the 
   testimony under Rule 403; further any error in admitting the informant's 
   testimony was harmless as the jury verdict is supported by substantial 
   evidence other than the CI's testimony; surprise is not a basis for 
   excluding testimony under Rule 403; argument that defendant was prejudiced 
   by his alleged misidentification in a police report rejected.